In this Act—

• “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 (asp 8);

• “agency for the supply of nurses” has the meaning given by section 32 of the Nurses (Scotland) Act 1951 (c. 55);

• “child” means a person under the age of 18;

• “child care position” has the meaning given by schedule 2 to this Act;

• “disciplinary proceedings” means proceedings in which the regulatory body for a profession is to decide whether disciplinary action should be taken against an individual carrying on that profession;

• “disqualified from working with children” is to be construed in accordance with section 17 above;

• “employment agency” and “employment business” have the same meanings as in the Employment Agencies Act 1973 (c. 35);

• “harm” includes harm which is not physical harm;

• “legal proceedings” means civil or criminal proceedings in or before any court or tribunal;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “managers of an educational establishment” has the same meaning as in the Education (Scotland) Act 1980 (c. 44);

• “organisation” means—

  1. a

     a body corporate or unincorporate;

  2. b

     an individual who, in the course of a business, employs or otherwise gives work to other persons;

  3. c

     the managers of an educational establishment;

• “prescribed” means prescribed by regulations made by the Scottish Ministers;

• “term of detention” means a term of detention—

  1. a

     in a young offenders institution; or

  2. b

     by virtue of section 208 of the Criminal Procedure (Scotland) 1995 Act (c.46), in some other place;

• “work” includes—

  1. a

     work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;

  2. b

     an office established by or by virtue of a prescribed enactment, and

  3. c

     caring for, or supervising, children whilst participating in any other organised activity,

  and references to an individual “working” are to be construed accordingly.